Patna High CourtCR. REV./539/2024dismissed

Gaurav Kumar v. The State Of Bihar

2024-08-14Mr. Justice Arvind Singh Chandel2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No 539 of 2024 Arising Out of PS. Case No.-34 Year-2017 Thana- SAKSOHRA District- Patna ====================================================== Gaurav Kumar Son of Dharmendra Kumar Resident of Kajichak Barh, P.S.- Barh, District- Patna, State- Bihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kishore Kunal For the Respondent/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR JUSTICE ARVIND SINGH CHANDEL ORAL JUDGMENT Date : 14-08-2024 This revision petition has been preferred being aggrieved with the order dated 20.04.2024 passed by the learned Additional Sessions Judge I, Patna in Sessions Trial No 522 of 2021 whereby the application under Section 311 of the Cr P C filed by the petitioner-accused has been rejected. 2 Heard the learned counsel for both the parties. Perused the impugned order as well as other documents annexed with the revision petition.

3 Perusal of the impugned order shows that the application under Section 311 of the Cr P C has been preferred by the petitioner for recalling prosecution witness No 2 for her further cross-examination on the ground that on the earlier point of time

Patna High Court CR. REV. No.539 of 2024 dt.14-08-2024 2/2 of cross-examination of this witness, some material question has not been put forth by the then counsel and also to confront her with regard to some statement of PW 1 and other material. 4 The said application has been rejected by the learned Sessions Judge on the ground that sufficient opportunity of crossexamination of this witness has already been given to the petitioner and lengthy cross-examination was already done. The learned Additional Sessions Judge arrived on the conclusion that the application has been preferred by the petitioner for fulfilling his lacunae.

5 The above order passed by the learned Sessions Judge is a reasoned order based upon the material available on record. 6 I do not find any infirmity/illegality in the said order. This revision petition is dismissed.

(Arvind Singh Chandel, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.08.2024 Transmission Date 22.08.2024